Warrantless arrest law, Business Law and Ethics

Assignment Help:

The "search incident" exception authorizes a search of the arrestee's person, including examination of personal articles such as wallets, purses, or other items, as well as the area within his immediate control.  Within the home, this will usually mean the ability to thoroughly search the item upon which the suspect is seated, such as a sofa or chair, as well as the ability to look under adjacent furniture.  It is unlikely to permit the opening of drawers or rummaging through cabinets.  Although originally justified for purposes of disarming a suspect or recovering evidence, the search incident is so thoroughly engrained in the law that no justification is necessary.

For purposes of this conference, assume that while riding in the first class section of a plane, a person is legally arrested for transporting illegal drugs by federal authorities.  You (as the Superior Court Judge) are asked to rule on evidence obtained from the following areas.

In your ruling, was it proper for the arresting officers to immediately conduct searches of the following items and places incident to the arrest?

  1. The person's clothing
  2. The person's carry-on bag
  3. The person's suitcase (which is located in the baggage compartment)
  4. The entire first class section of the airplane
  5. The terminal area where the person was sitting prior to boarding

If you elect to permit evidence taken in any of the preceding searches, defend your ruling with interpretations of any pertinent legal statutes or relevant case law decisions


Related Discussions:- Warrantless arrest law

Removal of directors - company management, Removal of Directors: By s....

Removal of Directors: By s.185(1) a company may by ordinary resolution remove a director before the expiration of his period of office, but notwithstanding anything in the art

State article 16 of international law, State Article 16 of international la...

State Article 16 of international law Article 16, states that a newly independent State is not bound to maintain in force, or to become a party to, any treaty by reason only of

Explain the elements of governmental authority, Explain the elements of gov...

Explain the elements of governmental authority The theme of these draft laws is mentioned in Article 1, which says that every internationally wrongful act of a State entails th

Which treaty established by the united nations, Which treaty established by...

Which treaty established by the United Nations The UN Charter is a treaty established by the United Nations. There are three types of treaties: law  making treaty; codifying tr

Liquidators and receivers, Liquidators and Receivers: The distinction ...

Liquidators and Receivers: The distinction between liquidators and receivers must be kept clear: (a) a receiver is a representative of secured creditors appointed by them (

Owning of property, Owning of Property:                       Under Ac...

Owning of Property:                       Under Act of a registered company, as a person, has power to own movable and immovable property. It can actually do so if it can affo

Explain articles of universal declaration of human rights, Explain Articles...

Explain Articles of Universal Declaration of Human Rights i. Preamble: 'Whereas recognition of the inherent dignity and of the equivalent and inalienable rights of all  membe

What is the meaning of inertia of expectation, What is the meaning of Inert...

What is the meaning of Inertia of Expectation We now move a bit away from the political economy of policy process to look into the inherent currents responsible for inaction an

Explain the term - legislature - legislature trade off, Explain the term - ...

Explain the term - Legislature - Legislature Trade off These interactions can be found in the literature of public choice and political science, and concerns to the coalition f

Principles and presumptions of construction, Principles and Presumptions of...

Principles and Presumptions of Construction: However in the course of settling some of these disputes the courts in England have elaborated the rules that they will utilized i

Write Your Message!

Captcha
Free Assignment Quote

Assured A++ Grade

Get guaranteed satisfaction & time on delivery in every assignment order you paid with us! We ensure premium quality solution document along with free turntin report!

All rights reserved! Copyrights ©2019-2020 ExpertsMind IT Educational Pvt Ltd